Umakanthan53
Labour Law & Hr Consultant
Vmlakshminarayanan
Sr.manager - Hr&admin

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Dear Seniors, I am Aathira working as an HR in Helathcare Industry from Kerala. I need some clarification about maternity leave. In my organization some of the staff are not covered under esi act because their salary is above 21k. in this case do we need to provide 26 weeks maternity leave with full salary? What all document we need to ask that employee before going for maternity leave? Please help me.
From India, Ramankari
Hi,
Maternity Benefit Act applies to all establishments employing 10 or more employees. (Establishments which are factories, mines, plantations, Government establishments, shops and establishments under the relevant applicable legislations, or any other establishment as may be notified by the Central Government. )
First please ensure your Establishment is covered under MB Act.
If that particular women employee is not covered under ESI and subject to her eligibility for Maternity benefit (woman must have been working as an employee in an establishment for a period of at least 80 days in the past 12 months. ) employer is liable to sanction 26 weeks (182 days) leave with salary.
Employee to submit a request letter for Maternity Benefit with confirmation certificate /lab report confirming her maternity.
Once she report back to office after MB leave, please collect delivery certificate for personal file records.

From India, Madras
Dear Aathira, Healthcare industry in India comprises of hospitals, medical insurance etc. Therefore better be specific while mentioning the type of your establishment.
From India, Salem
Thank you Mr.Lakshminarayan for the valuable reply to my post.
From India, Ramankari
Hi Mr.Umakanthan am working in a hospital at Kerala.
From India, Ramankari
Dear Aathira,
I appreciate your immediate response with exact detail.
Your hospital is an ' establishment' to which the Maternity Benefit Act,1961 is applicable as per sec. 2(1)(b) of the Act.
Therefore, you should provide maternity benefit to those women employees not covered by the ESI Act,1948 as stated by our learned friend V.M.L.
This maternity leave of 26 weeks with salary can be availed of at a stretch from the date of delivery or in two spells of 8 weeks prior to the expected date of delivery and remaining post delivery according to the choice of the employee.
The employee has to give a notice of claim as detailed in sec.6 of the Act.

From India, Salem
Thank you so much for your valuable response sir.
From India, Ramankari
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